34 U.S.C. § 40741 — Definitions

For purposes of this subchapter:

(1) DNA arrestee collection process
“DNA arrestee collection process” means, for a State, a process under which the State collects DNA profiles or DNA data for inclusion in the index described in section 12592(a) of this title, which this subchapter calls the “National DNA Index System.” The process applies to individuals who are at least 18 years old and who are:

(A) arrested for or charged with a criminal offense under State law that consists of a homicide;

(B) arrested for or charged with a criminal offense under State law that has an element involving a sexual act or sexual contact with another and is punishable by imprisonment for more than 1 year;

(C) arrested for or charged with a criminal offense under State law that has an element of kidnapping or abduction and is punishable by imprisonment for more than 1 year;

(D) arrested for or charged with a criminal offense under State law that consists of burglary punishable by imprisonment for more than 1 year; or

(E) arrested for or charged with a criminal offense under State law that consists of aggravated assault punishable by imprisonment for more than 1 year.

(2) State
“State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands. This section does not define “State” more broadly than this list.